Picture File: President Cyril Ramaphosa during a post-Sona Press Conference. Photo: Gallo Images/Jeffrey Abrahams
The decision by the African Transformation Movement (ATM) to approach the courts seeking an order compelling Parliament to hold a secret ballot in their motion of no confidence in President Cyril Ramaphosa, has divided MPs on how to proceed with next week’s vote in the National Assembly.
Parliamentarians are set to vote on Wednesday on two motions of no confidence tabled by ATM on Ramaphosa’s leadership of the country, and the Democratic Alliance’s (DA) motion against his Cabinet.
However, ATM last week approached the Western Cape High Court on an urgent basis seeking an order to force National Assembly Speaker Nosiviwe Mapisa-Nqakula to conduct their motion by way of secret ballot.
This after Mapisa-Nqakula in February and March this year rejected the party’s request for a closed ballot on the vote.
The high court is expected to hear ATM’s application on 28 March, just two days before MPs vote on the tabled motions of no confidence.
ALSO READ: No-confidence motion: ATM to challenge open ballot decision
During a meeting of the National Assembly’s programming committee on Thursday, ATM’s court action came into sharp focus, with MPs raising concerns about parliament’s preparedness should the high court rule in the party’s favour.
The secretary to the National Assembly, Masibulele Xaso, told MPs there was nothing stopping Parliament from proceeding with the scheduled motions unless the high court interdicts the legislature.
Xaso said Mapisa-Nqakula had also received a formal submission from the DA requesting a secret ballot on their motion, and she was yet to make a decision on the matter.
But the Inkatha Freedom Party (IFP) and the United Democratic Movement (UDM) called for ATM’s motion to be postponed until the second term of Parliament resumes in April.
IFP chief whip Narend Singh raised concerns over whether the virtual platform being used by Parliament would be able to accommodate the secret ballot at the last minute.
READ MORE: DA tables motion of no confidence against Ramaphosa’s cabinet
Xaso said the virtual platform was not able to run the secret ballot, but they were exploring ways of conducting the vote via secret ballot. This included the DA’s suggestion that the OPA system should be used.
“If the decision were to be that there must be a secret ballot, the speaker would then have to give a directive on how to proceed with the matter,” Xaso said.
The UDM’s chief whip Nqabayomzi Kwankwa called for the motion to be rescheduled after PMs return from recess.
“We are politicians and national leaders, and we must be seen to be respecting the court process that is currently underway,” Kwankwa said.
“Maybe this motion should be rescheduled after recess. By then we will be clear as to what the judgment of the court is because whatever we do, must be informed by the court process ultimately,” he added.
Singh agreed with the UDM that the motion should be deferred in order not to put unnecessary pressure on Parliament.
“This matter is being heard on the 28th and we know out of experience many of these judgments are reserved, and if it goes any other way to what a particular party wants, it might go on appeal. And it’s going to cause chaos for us in terms of being prepared,” he said.
National Assembly deputy speaker Lechesa Tsenoli said the final decision on postponing the motion was for Mapisa-Nqakula to make.
He also said the matter would be discussed during the next meeting of the Parliamentary Chief Whips’ Forum, so that all parties could make inputs on how to proceed further.
“The speaker must make the final decision. She will communicate with us and we will communicate with you. That decision is not made by programming, it’s made by the speaker.”
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